GURBACHAN LAL versus REGIONAL ENGINEERING COLLEGE, KURUKSHETRA AND ORS.

Citation: [2007] 3 S.C.R. 483 · Decided: 01-03-2007 · Supreme Court of India · Bench: AR. LAKSHMANAN · Disposal: Disposed off

Judgment (excerpt)

.> 
j. 
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GURBACHAN LAL 
A 
v. 
REGIONAL ENGINEERING COLLEGE, KURUKSHETRA AND-ORS. 
MARCH I, 2007 
[DR. AR. LAKSHMANAN AND TARUN CHATTERJEE, JJ.] 
B 
Service Law: 
Temporary employee-Scheme or project-Completion of-
Regularisation-Entitlement to--Amendment of service condition-Right of C 
employer-The Department of Science and Technology (DST), Government of 
India established National Science and Technology Entrepreneurship 
Development Board (NSTEDB) to encourage and promote entrepreneurship 
amongst the science and technology persons-NSTEDB, with the same 
objective, set up Establishment Development Cells (EDC) in various D 
educational institutions-The scheme, as framed by NSTEDB, stated that the 
DST would provide financial assistance to the educational institutions for a 
period of three years and thereafter it would be the responsibility of the 
educational institution to continue its functioning and that the EDC should 
merge into the mainstream of the institution-Engineering college established 
the EDC in it and invited applications for the post of Chief Project E 
Coordinator-One candidate applied for the post but he was appointed in 
the post of Senior Project Leader temporarily-The appointment letter stated 
that the service of the employee was liable to be terminated by either side 
without assigning any reasons-The Board of Governors of the engineering 
college had approved the creation of the EDC in it-The State Government F 
revised the pay scale of the teachers in the engineering college but the 
revised pay scale was not granted to the employee-The employee filed a writ 
petition and claimed revised pay scale as well as confirmation as Assistant 
Professor-During the pendency of the writ petition the engineering college 
stopped the salary of the employee-The engineering college, instead of 
releasing the salary, asked the employee to approach the funding agency for G 
release of funds and thereafter his services were terminated-The employee 
filed another writ petition-In the meanwhile, the Board of Governors decided 
not to merge the EDC with the regular establishment of the engineering 
college-A Single Judge allowed both the writ petitions and held that it was 
483 
H 
484 
SUPREME COURT REPORTS 
[2007] 3 S.C.R. 
A the obligation on the part of the engineering college to absorb the faculty 
members and other staff of the EDC and also held that the employee must be 
r 
paid his salary in accordance with the revised pay scale-On appeal, the 
Division Bench of the High Court set aside the judgment of the Single Judge 
and held that the employee could not seek merger of the EDC with the 
B 
engineering college and fiirther held that the appointment of the employee, 
being on a temporary basis, could not confer any right on him-Correctness 
of-Held: The employee was not appointed in the post which was advertised, 
but was appointed as a Senior Project Leader and, therefore, the Division 
Bench was justified in holding that the employee was not appointed in a 
"-
sanctioned post-It is always open to the Board of Governors to create a post 
.. 
c and also to abolish any post which would not be required to be continued 
in its opinion-The temporary employment of the employee cannot vest any 
legal right in him to continue when the scheme itself, on the basis of which 
he was appointed and was working, came to an end-Hence, it is valid in 
law for the engineering college to terminate the employee from service in a 
manner, which did not favour him-High Court judgment upheld 
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D 
The D1~partment of Science and Technology (DST), Government of India 
established National Science and Technology Entrepreneurship Development 
Board (NSTEDB) to encourage and promote entrepreneurship amongst the 
1't 
science and technology persons. NSTEDB, with the same objective, set up 
E Establishment Development Cells (EDC) in various educational institutions. 
The scheme, as framed by NSTEDB, stated that the DST would provide 
financial assistance to the educational institutions for a period of three years 
and thereafter it would be the responsibility of the educational institution to 
continue its functioning and that the EDC should merge into the mainstream 
of the institution. 
F 
The respondent-institution established the EDC in it and invited 
applications for the post of Chief Project Coordinator. The appellant applied 
~ 
for the post but he was appointed in the post of Senior Project Leader 
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temporarily. The 

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